Trump scraps guidance limiting immigration arrests in and near schools. What are school leaders doing to protect students and families?
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Just hours after President Trump’s inauguration, his administration rescinded a decades-old policy that restricted arrests by Immigration and Customs Enforcement (ICE) at or near sensitive locations, including schools. This move has been punctuated by inflammatory rhetoric about immigrant communities and students, further exacerbating fear and contributing to hostile learning environments that affect all students.
Early reports from UnidosUS Affiliates reveal widespread anxiety and rising absenteeism in schools. In a 2019 UnidosUS survey, educators report that distress, bullying and absenteeism due to immigration enforcement inevitably take a toll on student well-being and academic performance. At a time when post-pandemic absenteeism remains unresolved and the latest Nation’s Report Card (NAEP) reveals a troubling decline in students’ math and reading skills, it is crucial to focus on creating supportive learning environments, not undermining them.
Fortunately, many school system leaders and community advocates are stepping up to uphold the mandates of the Supreme Court and federal law, which guarantee students the right to a public education and protection of their sensitive data — regardless of their immigration status. To offer a vital layer of security and support in uncertain times, here are the actions that education leaders are prioritizing:
1. Ensuring equal access to education for all students
In the landmark ruling, Plyler v. Doe (1982), the Supreme Court established the constitutional right of all children to attend public school from kindergarten through 12th grade regardless of immigration status. In a 5-4 decision, the Court found that denying public education to children due to their immigration status violates the Equal Protection Clause of the Fourteenth Amendment. Importantly, Title IV of the Civil Rights Act of 1964 also prohibits public schools from discriminating based on race, color or national origin.
In Colorado, Colorado Springs School District officials sent a letter explaining how the school district plans to respond to federal immigration policies. “The U.S. Supreme Court’s Plyler v. Doe decision ensures that every child, regardless of immigration status, has the right to a free public education,” said the message to families. It further highlighted that Colorado law prohibits school districts from denying admission based on immigration status.
Although some states are debating proposal requiring parents to disclose immigration status during school enrollment, the U.S. Department of Education and the U.S. Department of Justice have affirmed that discouraging or preventing students from enrolling schools based on citizenship or immigration status — such as requiring Social Security numbers or birth certificates — contravene federal law. Existing guidance encourages schools to investigate “precipitous drops” in the enrollment of any group of students, as this may indicate that there are barriers to their attendance.
- U.S. Department of Education and U.S. Department of Justice: Dear Colleague Letter: School Enrollment Procedures (May 2014)
- U.S. Department of Education and U.S. Department of Justice: Fact Sheet: Information on the Rights of All Children to Enroll in School (May 2014)
- U.S. Department of Education and U.S. Department of Justice: Fact Sheet: Confronting Discrimination Based on National Origin and Immigration Status (2021)
- U.S. Department of Education and U.S. Department of Justice: Protecting Access to Education for Migratory Children
2. Protecting student privacy
Schools are required to protect students’ personal identifying information under the Family Educational Rights and Privacy Act (FERPA). FERPA applies equally to undocumented students, whether in K-12 or higher education institutions. School leaders across the country are sending out communications clarifying that, under FERPA, schools cannot share a student’s personal information with immigration or law enforcement agencies without parental consent or a judicial order.
To ensure further protection, school systems are also avoiding keeping records about a student’s or their family’s immigration or legal status. Notably, admissions requirements, such as proof of residency, do not necessitate providing proof of legal immigration status or Social Security numbers. New York State guidance specifies that if such information is necessary for specific program participation or reporting requirements, it should be collected after the enrollment process and anonymized wherever possible.
- President’s Alliance for Higher Education: FERPA OVERVIEW: The Family Educational Rights and Privacy Act protects personally identifiable information in students’ education records from unauthorized disclosure.
- Association of California School Administrators: Undocumented Students and Families: The Facts
3. Establishing clear policies and protocols for handling immigration enforcement in and around schools
One of the most crucial actions school leaders can take is to establish clear, formal policies for managing immigration officers on campus. They should also ensure that staff, students and families are well-prepared and fully trained in how to navigate these challenging situations.
At the state level, some officials are leading the way by passing legislation and offering guidance to help them implement essential protocols. In Illinois, the State Board of Education issued guidance urging the creation of protocols for handling any ICE requests. In turn, Chicago Public Schools (CPS) has clarified that, in line with the Illinois Trust Act and Chicago’s Welcoming City Ordinance, the district does not inquire about families’ immigration status, coordinate with ICE or share student records with ICE unless required by a court order or parental consent. ICE agents are not allowed access to CPS facilities without a federal judge’s criminal warrant and cannot enter based on an administrative warrant or ICE detainer.
Despite the rollback of sensitive location policies, schools can still enforce strong visitor policies. Schools are not open to public access, and while law enforcement may enter public areas, some districts require additional steps for access to non-public spaces. In Denver Public Schools, guidance goes as far as to direct school leaders to place the school on a secure lockdown procedure and communicate with the immigration officials over the intercom when they arrive at the school.
- National Education Association: Safe Zone School Resolution Guide and sample resolution and district policy
4. Supporting students and families by providing reassurance and access to services
Now, more than ever, it is critical for leaders to provide reassurance to all students and their families, emphasizing that school is a place where their privacy is protected and where they can get resources. Open communication can help alleviate fears, especially when it comes to immigration-related issues. Schools also play a crucial role in connecting families to vital resources, including legal aid, counseling and advocacy services. They can provide power of attorney and contact forms, ensuring families are prepared. The Los Angeles Unified School District has distributed “Know Your Rights” cards to inform families about what they are and aren’t obligated to disclose to immigration officials. Meanwhile, Denver Public Schools developed a toolkit that empowers communities with information on rights, policies, training, mental health support and local services.
